now, one of the nastyist races, the san jose city council race. lynn has more. >> reporter: we are in san jose. election workers are collecting ballots. important local elections in san jose, the district 8 council race has a little bit of everything, allegations of sign stealing and as well as very negative campaign ads that were financed by the police and fire unions who want to unseat herrera because of her support of pension reform in san jose. reporting live in san jose, c bs five. >>> a first in the nation, a soa -- soda tax coming up next. >>> joe vosca is watching things at the democratic party location in san francisco. picking up there, joe? >> it is. a lot of people here right now and i would have to describe it at nervous excitement. these folk are making phone calls not just around california but the country trying to drive out the vote. joining me right now is penney kelly. he has been with the democratic party a long time here. in a word or phrase, how are you feeling right now as the swing states start to swing towards obama. >> go